89Setting pots at night

89 Setting pots at night

(1)  In this rule –

summer period means the period commencing on 1 November in any year and ending at midnight on 30 April in the following year;

winter period means the period commencing on 1 May in any year and ending at midnight on 31 October in the same year.

(2)  The holder of a fishing licence (rock lobster) must not, in State waters, set a rock lobster pot –

(a) between 11 p.m. of one day and 4 a.m. of the following day during the summer period; or

(b) between 10 p.m. of one day and 5 a.m. of the following day during the winter period.

Penalty:  Grade 3 penalty.

(3)  The holder of a fishing licence (rock lobster) is not guilty of an offence under subrule (2) in respect of the first time that a pot is set after a pre-fishing report has been made under rule 109 .

(4)  Nothing in subrule (2) is to be taken as preventing the holder of a fishing licence (rock lobster) from retrieving a rock lobster pot from State waters lying outside a catch-cap area at any time of day during the summer period or winter period.